What is Mediation?
When parties are unwilling or unable to resolve a dispute on their own, one good option is to turn to mediation. Mediation is generally a short-term, structured, task-oriented, and “hands-on” process. In mediation, the disputing parties work with a neutral third party, the mediator, to resolve their disputes.
Danielle Daroux has extensive mediation training including training in conflict resolution from the University of Windsor and negotiation training through the University of Harvard, Boston. She can facilitate the resolution of the parties’ disputes by supervising the exchange of information and the bargaining process. The mediator helps the parties find common ground and deal with unrealistic expectations. She may also offer creative solutions and assist in drafting a final settlement. The role of the mediator is to interpret concerns, relay information between the parties, frame issues, define the problems and assist parties to find a solution that meets their interests.
Mediation is Affordable
Mediation is significantly less expensive than litigation . Parties can mediate a matter on their own or with their lawyer in attendance. Both parties typically share the cost of mediation. A court proceeding can cost each party $20,000 to $30,000 for a relatively short matter (two day trial). The total cost of mediation is much less than the cost to each party in litigation.
Mediation is Fair and Effective
The vast majority of disputes handled by a skilled and well-trained mediator are resolved. Disputes are unique. Mediation allows the parties to craft their own resolution to suit their particular circumstances. A trial involves the court imposing a decision upon the parties. Court proceedings are held in public. Privacy is respected and maintained in mediation. The process is private and confidential. Danielle Daroux is trained to ensure dialogue between the parties is respectful and focused on a mutually agreeable solution.
Mediation is Timely, Available and Flexible
Mediation is on the parties’ schedule, not the courts. Resolution often occurs within weeks from the start of the mediation process. Court proceedings often take years to conclude. When conducted by a well-trained mediator, parties can successfully participate in the process with or without lawyers. Court proceedings are formal and often intimidating. Hearings and trials are often postponed due to other demands on the courts’ schedule. A mediation session can occur in a boardroom setting with separate caucus rooms for the parties or via Zoom. The parties decide where, when and how the mediation session(s) will be conducted.